A subject access request is a right under the General Data Protection Regulation 2018 (formerly the Data Protection Act) to request all information that your employer holds, which relates to you. Importantly it includes the right to request information contained on your employer’s computer system – so if your manager has been emailing people about you, you are entitled to see this information.
A subject access request may be useful to obtain valuable evidence in reference to your dispute and/or strengthen your negotiation with your employer. The following example is a subject access request sent by a lawyer on behalf of their client.
For more information about making a subject access request, read our full article.
BY EMAIL ONLY
[Your name] – Subject Access Request
Please make all documents and correspondence within the Company’s control where our Client is the data subject available in accordance with the General Data Protection Regulation 2018.
This includes all correspondence, notes (typed and handwritten), memorandum, data sheets, emails, letters, text messages, instant messaging including Whatsapp or similar and other records. We expect that you undertake a search of the following individual’s email and telephone accounts:
[Relevant email address]
The search should include private accounts to the extent that they were used for work or business purposes. The search should be comprehensive and include search terms include for my Client’s full name, her initials, a short name or any name or variation that might be used by any of the above people to identify her.
In the event that you do not disclose any of the documents mentioned above, we would be grateful if you could confirm that a search has been conducted and no results have been found. We may in due course, request sight of the search terms that were used and the results of the searches conducted.
It may be helpful for you to know that a request for information under the General Data Protection Regulation 2018 should be responded to within 40 days. The Information Commissioner’s guidance suggests that any request should be dealt with promptly and the 40 days period is the very maximum amount of time to furnish the data subject with the relevant data
If you need advice on dealing with this request, the Information Commissioner’s Office can assist you and can be contacted on 0303 123 1113 or at www.ico.org.uk
Please inform us by return if you require my Client to pay a fee to cover your administrative expenses.